SEWER ONLY - PHILIP W. AND LINDA A. ROGERS
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A.
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005490678 12/09/2005 at 02:13 PM
OFF REC BK: 14794 PG: 1820-1822
DocType:AGM RECORDING: $27.00
AGREEMENT
(Sewer only)-----
THIS AGREEMENT, made and entered into this ~ ~ day of ~0'T1)..rM.bv...
20 () 5' by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred
to as "City," and Philip W. and Linda A. Rogers hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the
municipal boundaries of the City of Clearwater:
Lots 3 and 11, Block --3-, Acker's Subdivision according to the map or plat thereof as
recorded in Plat Book 30 Page --21 Public Records of Pinellas County, Florida.
Also known as:
3090 Charles Drive (proposed)
Clearwater, Florida 33761
and
WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an
Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and
considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1. The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit
the Owner to connect to its sewer main at the Owner's expense.
2. The Owner agrees:
a) to pay the appropriate annexation fee when this Agreement is submitted for processing;
b) to pay normal sewer connection charges and monthly sewer service charges to the City on the
same basis as sewer users outside the municipal boundaries are charged, as set out in the Code of
Ordinances of the City, until the property is annexed;
c) that all recreation land, recreation facilities and open space land dedication and fees will be due
upon annexation in an amount and manner as prescribed in Sections 116.40 through 116.51, Code of
Ordinances. In particular, the owner shall either:
(1) pay the required recreation facilities fee if this is the only fee required at the time this
Agreement is submitted for processing, or
(2) place in escrow a deed transferring title to land or a promissory note made payable to the City
of Clearwater, or both as required, such deed and promissory note, copies of which are attached hereto as
Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading effectuating the
annexation of the subject property;
(d) that at such time as it becomes possible for the City to annex said real property, this
Agreement will constitute an application to annex at that time, and the City will have the right, upon sixty
(60) days written notice to the property owner, to initiate action to annex the property to the City;
(e) that it is to the mutual benefit of the Owner and the City, in recognition of the eventual
incorporation of the property within the City, to have site and building plans reviewed and accepted by
the City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall
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precede the execution of this Agreement by the City and any construction on this property shall comply
with the applicable building and fire codes in effect in the City of Clearwater;
(f) that all of the property described above shall be deemed a single parcel subject to annexation
as provided herein, and any subparcels of the property described above which are created by subdivision
or by any other means shall be included for the purposes of the subsequent annexation procedure,
subsequent sale and individual ownership notwithstanding;
(g) that the terms and provisions of the Agreement shall be commitment and obligation which
shall not only bind the present owner of said described real property, but shall be a covenant which shall
run with the land and shall bind and be enforceable against the heirs, successors and assigns of the
Owner; and
(h) if the Owner or the heirs, successors, and assigns of the Owner, shall default in the
performance of the terms and provisions of this Agreement, and the City shall institute legal proceedings
to enforce the terms and provisions hereof, the Owner or the heirs, successors, and assigns of the Owner
shall pay all costs of such proceedings including the payment of a reasonable attorney's fee in connection
therewith.
3. The City shall not be liable for any damage resulting from any unavoidable cessation of service
caused by Act of God, necessary maintenance work, or any cause beyond the control of the City.
4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City
Manager, P.O. Box 4748, Clearwater, Florida, 34618-4748 and to the Owner at the post office address for
the property described above, at any other address which may be furnished by the Owner from time to
time, or at the address for the Owner according to the property tax rolls of Pinellas County, Florida.
5. This Agreement shall be recorded in the public records of Pin ell as County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
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Linda A. Rogers
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Philip W. and Linda A. Rogers. to me known to be the
individual(s) described in and who executed the foregoing instrument and severally acknowledged before
me that they executed the same for the purposes herein expressed; and that said instrument is the free act
and deed of said individual(s).
Notary Public
Notary Name (print/type)
My Commission Expires:
d offi ial seal this 2~&'L. day of ~ce~hfv'
, 20tLL.
.'$.~~. Robert R. Hupp
. :'..JJ;.~ :.~ MY COMMISSION '1=C761004 EXPIRES
1~.~: August 3, 2002
. ~~~. BONDED THRIJ TROY FAIN INSURANCE, INC.
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CITY OF CLEARWATER, FLORIDA
By:
~~B.~--:rr
Williarn B. Home II
City Manager
Attest:
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~ Cyn~I~)'. G~~~U-:'~~. ~
City ~l~~, // I . ,',
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STATE OF FLORIDA)
COUNTY OF PINELLAS )
... ,I'
BEFORE ME personally appeared William B. Home II, the City Manager of the above-named
City, who acknowledged that he executed the foregoing instrument. He is personally known to me and
did not take an oath.
Notary Public
Notary Name (print/type) '-.
My Commission Expires:
~
daYOf~
20 oj
,
o"'~V Pl/6'<:, Denise A. Wilson
:- ~ c; Commission # 00296233
~. \)..4 Expires June 16. 2008
... Of' ,.J""-8onCIId TIlIJ ,.. .,_, lna. 10048Io7018
Leslie DougaIl-Si e
Assistant City Attorney
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
3